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Information for Restauranteurs and Food Service Operators

Introduction and Overview

Introduction

This information has been prepared by the Retail Food Program for the restaurant and food service industry as an aid in interpreting the requirements of Section 5 of the federal Food and Drugs Act, and other federal legislation which impacts on the advertising and labelling of food.

Many provinces have their own regulations applying to the operation of restaurants. Restaurant and food service operators should also familiarize themselves with these regulations.

We encourage you to study this material so that you may understand how misrepresentation occurs and how to avoid it in your own business. For easy reference, we suggest that you file these information sheets in a folder or binder.

Overview

As the Agency charged with administering the fraud provisions of the Food and Drugs Act, the Canadian Food Inspection Agency aims to prevent deceptive practices in restaurants. Section 5(1) of the Act prohibits anyone from labelling, packaging, treating, processing, selling, or advertising any food in a misleading or deceptive manner. This means that any claim made in connection with food offered for sale must be true and accurate.

Any claim or statement that misleads people in any way can be considered deceptive. Most cases of misrepresentation in restaurants and food service facilities occur due to the wording on menus. Also, signs posted in or outside the restaurant, newspaper, radio, or television advertisements, pictures on signs or on menus, and even statements made by employees can also mislead the customer.

Restaurant operators are encouraged to ensure that their staff provide accurate information regarding the composition of foods being served, when such information is available and is requested by customers. This is particularly important given that some people may have strong personal, religious or medical reasons for avoiding certain foods.

For more information, please contact one of the offices of the Canadian Food Inspection Agency listed on the Single Access Food Labelling Service webpage